The appellants sued their former lawyer for fraudulent misrepresentation regarding his fee estimate, and sued his insurer, LPIC, as an accessory after the fact.
The motion judge struck the claim against LPIC for disclosing no reasonable cause of action and dismissed the action against the lawyer as an abuse of process, finding it was brought to provide leverage in a fee assessment.
The Court of Appeal dismissed the appeal, upholding the motion judge's findings that no duty of care exists between an insurer and an adverse party, and that the action against the lawyer was an abuse of process.
